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Tracy J. Hermann
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Tracy Hermann’s Answers

83 total


  • How do I stop her harassment for us all with text, emails, police? Sister babysits, can she take him when not her days?

    I have joint legal and physical custody of our 3 1/2 year old son with my ex-wife in RI. The MSA spells out each day the child is with myself and his mother. She is not allowed to phone me unless it is in regards to an emergency with our son. All...

    Tracy’s Answer

    From what you've described she is violating the terms of the MSA. A motion to enforce the MSA / adjudge her in contempt may be the appropriate next step. A motion to restrain and enjoin her from excessive communication is another option. On a larger scale, it sounds like it may assist the two of you to engage in some kind of co-parenting counseling. You should meet with an attorney to review the agreement and advise as to the next step.

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  • When to file final judgment for divorce... 20 or 21 days?

    I'm getting confused on when to file the paperwork. Do I file on the 20th day after the decision pending has been entered or on the 21st day? The judge signed my pending entry on December 22

    Tracy’s Answer

    This is assuming your divorce was on the basis of having lived separate and apart for a period of 3+ years. The statute states: Final judgment shall not be entered until the expiration of twenty (20) days after entry of the judgment. This has been interpreted to mean you enter on the 21st day.

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  • Can i leave the state and not come back after i see the judge and let my lawyer take care of the distribution

    I live in rhode island and am getting a divorce. My spouse is contesting but i have a job offer in another state. Can i move out of state after i see the judge to establish residency and acknowledge the divorce and let my lawyer finish the rest? A...

    Tracy’s Answer

    You've indicated you have a lawyer. That being the case, you should address this question to him or her. Your lawyer can best advise you as to how the process works, depending on what phase of it you are in, and how often you will be expected to return to deal with the divorce.

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  • Hi I pay child support for two children that live with my ex wife now one of my children is living with me and one with her what

    Are my obligation now?

    Tracy’s Answer

    Your obligation remains the same until modified by court order. This can be accomplished via the filing of a motion and ruling by a judge or by agreement. You should consult with an attorney as there may be pitfalls you want to avoid. For instance, if the original order is several years old you may find that the child support guidelines have increased or income has increased such that a new order may not be different. You also need to be cautious with garnishment and bookkeeping with the court, if applicable.

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  • I have joint physical & legal placement of my 3year. divorced 2 years ago. I am engaged to be remarried. When am I allowed to

    live w/my fiancee or vice versa..??. (Currently both own separate homes, we are both trying to sell our current homes to purchase a new one as a family.)

    Tracy’s Answer

    Unless you are prohibited from living with an unrelated female in your final judgment of divorce or your settlement agreement, then I see no legal impediment from living together now.

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  • Can my wife finance over $5,000 after she served me? Have not gone to court yet

    My wife served me roughly two weeks ago. Now she wants to purchase something over $5,000 and finance it. How do I make sure I will not be responsible for the debt. I know she's not supposed to add more debt. What do I do

    Tracy’s Answer

    I agree with Attorney DeLuca. At this point it's unclear whether or not she's in violation of the automatic orders. However, it's certainly clear that you are having issues very early on in the divorce and you'd be well served to retain an attorney and not attempt to deal with these issues on your own. There are several competent family law attorneys on AVVO, and any of us would be happy to meet with you.

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  • Divorce took place, 9 years ago, in South Carolina when Court awarded Ex-Wife Alimony. Now RI resident.

    Can I retain Lawyer in Rhode Island to file for reduction of Alimony ?

    Tracy’s Answer

    Attorney Hirsch and Attorney Bedford are right on. You need to meet with an attorney. No one can give you a yes or no newer based on the facts you've provided.

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  • What do we do about a lawyer who doesn't seem to be communicating or handling our case correctly?

    hired a lawyer. keep getting bills and are over $3,000. Started at $1500 said it would be a quick case. Child 19 dropped out of school. Still paying child support. Now x is countersuing based on old Hawaii order that we pay if he continues school ...

    Tracy’s Answer

    If you are uncomfortable with your current representation you may want to seek new Counsel. The fact pattern suggests you need an attorney.

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  • The state of Rhode Island advised me that my child support would automatically end when my child turns 18 and graduates HS.

    I have been paying child support for 9 years for 2 children my oldest is 20 and my youngest turns 18 and graduates high school in June. My divorce decree states that I am order to pay CS until each of my minor children attains the age of 18 or gr...

    Tracy’s Answer

    You should file a motion and serve your ex. In fact you could file a motion now as to your 20 year old to modify, but you may not want to. If the order is 9 years old there is a chance that you are paying less than what you would be paying for one child. It's impossible to know without knowing your income. Minimally you should file a motion to terminate child support and to terminate wage garnishment in June.

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  • When do I need to submit my Final Judgement no motions pending?

    I submitted my decision pending entry final judgement on December 11. It was not contested, I know they said 3 months, but I'm not sure if it has to be exactly or just some time after three months. Also, what is the difference in paperwork? Do I ...

    Tracy’s Answer

    • Selected as best answer

    You must wait three months and 1 day following the hearing. So, for example, if you had a hearing on January 1, 2015, the earliest date you can file the final judgment is April 2, 2015. This is assuming you filed a divorce on the basis of irreconcilable differences, which it sounds like you did, based on the clerk's instructions. You do not need to file it right on that day - in fact, you will have a 30 day window, following that day to file the final judgment "in time". If you fail to file it in that 30 day window, you will have to file a motion to enter the final judgment - so try to get it in on time. As to your second question - yes, you must indicate that there are no motions pending. That is a requirement.

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